Joe Biden inherited a secure border in 2021—and by the time President Trump returned to office this January, he was handed a full-blown crisis. In just a few months, Trump has made remarkable strides in restoring order, ramping up deportations, and plugging the holes Biden left wide open. His administration has already developed innovative, cost-effective strategies to speed up removals. And now, it appears the next move could be the boldest yet—one that’s almost guaranteed to trigger a full-scale political meltdown on the left.
Speaking with reporters this week, Deputy Chief of Staff for Policy Stephen Miller confirmed that the Trump administration is actively considering invoking the Constitution’s allowance for suspending habeas corpus — the right to challenge unlawful detention — in the context of the ongoing border invasion.
“Well, the Constitution is clear and that, of course, is the supreme law of the land,” Miller began. “The privilege of the writ of habeas corpus can be suspended in a time of invasion. So, it is an option we’re actively looking at.”
Miller made clear that the move is not being taken lightly, but it may be necessary to protect national security and uphold the rule of law. “A lot of it depends on whether the courts do the right thing or not,” he said, referencing the frequent obstruction from activist judges who have long interfered with immigration enforcement.
He pointed to a key piece of legislation, the Immigration and Nationality Act, which includes what’s known as “jurisdiction stripping.” “At the end of the day, Congress passed a body of law known as the Immigration and Nationality Act, which stripped Article III courts — that’s the judicial branch — of jurisdiction over immigration cases,” Miller explained.
Many Americans, he noted, are unaware of just how far Congress has gone to prevent judicial overreach in immigration matters. “Congress actually passed what’s called jurisdiction stripping legislation. It passed a number of laws that say that the Article III courts aren’t even allowed to be involved in immigration cases,” he said.
Related: Here’s Why Joe Biden Flooded the Country with Illegal Aliens
Miller offered a concrete example involving the Temporary Protected Status (TPS) program. “By statute, the courts are stripped of jurisdiction from overruling a presidential determination or a secretarial determination on TPS,” he said. “So, when Secretary Noem terminated TPS for the illegals that Biden flew into the country — when the court stepped in, they were violating explicit language that Congress had enacted saying they have no jurisdiction.”
The broader issue, Miller argued, is not merely an executive-judicial conflict, but a judicial rebellion against Congress itself. “The courts aren’t just at war with the executive branch, the courts are at war—these radical rogue judges—with the legislative branch as well,” Miller stated.
All of this, Miller said, will factor into President Trump’s final decision on whether to suspend habeas corpus for illegal aliens—a move certain to ignite a firestorm on the left.
🚨 MAJOR BREAKING: Trump White House considers SUSPENDING the writ of habeas corpus for illegals just days after @DC_Draino floated the idea in the White House briefing room.
WHOA.
STEPHEN MILLER: “The privilege of the writ of habeas corpus can be suspended in a time of… pic.twitter.com/HPNlRQyrAL
— Eric Daugherty (@EricLDaugh) May 9, 2025
As the border crisis continues to spiral, the administration appears increasingly determined to push back—not only against illegal immigration itself, but against the institutional forces that have helped sustain it. Will Democrats defend national sovereignty, or once again side with the chaos? That question may soon be answered.
Want to support fearless journalism that exposes the Left and tells the stories the media won’t? PJ Media delivers the truth and holds the powerful accountable. Become a VIP member today—your support fuels our mission and unlocks exclusive content, podcasts, an ad-free experience, and more. Use code FIGHT for 60% off. It’s a great time to become a part of our movement. Join now and stand for America-first journalism!
